MORE DEVELOPMENTS IN ELIAN GONZALEZ CASE

The federal judge assigned to hear the case brought by the Miami Gonzalez family has moved up by two weeks the first hearing in the case.  It will now occur on February 22.  This is not actually the custody case.  Rather, it is a claim that the INS violated Elian’s constitutional rights by refusing to hear the asylum claim filed on his behalf.  Among the issues that must be decided at this hearing is whether the federal court has jurisdiction to review the denial of the asylum petition, and whether Lazaro Gonzalez, Elian’s great-uncle who filed the suit, has the legal standing required to request asylum on his behalf.

In his order moving up the hearing date, the judge also sharply criticized the attorneys representing Elian.  These attorneys have been giving extensive interviews in which they have been critical of the government.  The judge ordered the attorneys to cease talking about the case outside of court. 

A hearing is still scheduled for March 6 in Florida family court, at which a final custody decision will be made.  On January 10 the family court awarded Lazaro Gonzalez temporary custody.  Elian’s father, Juan Miguel Gonzalez, this week sent a letter to Attorney General Janet Reno and INS Commissioner Doris Meissner asking that Elian be cared for by another family member as long as he remains in Miami.  He expressed his concern that in Elian’s current situation, too many people who are not family members are allowed to manipulate him.

Legislation has been introduced in both the House and Senate to grant Elian citizenship, but it seems to have lost momentum as the case has dragged on.  Originally the legislation was to be fast-tracked, but as opposition to it has grown within Congress, it seems a vote will be delayed until after the court hearings.